1 in 5 Schools Miss Asbestos Deadline; Could Face Fines

Washington--Schools could be fined up to $5,000 for not meeting the
first deadline of the federal asbestos law, according to a policy
statement issued last week by the U.S. Environmental Protection
Agency.

Agency officials estimated that approximately 20 percent of all
public and private schools missed the October 1988 deadline and could
be fined.

Negligent schools, however, may be given an additional 60 days to
comply with the law before being penalized, according to the policy
statement.

The document outlines how the agency will enforce the Asbestos
Hazard Emergency Response Act of 1986. It required schools to inspect
for asbestos and submit management plans to state officials by Oct. 12,
1988. Schools that could not meet the deadline were required to file a
request for a deferral of up to seven months by the same date.

Although the 1986 law is the most stringent yet passed, many
observers have questioned the agency's ability to enforce it, citing a
history of inadequate federal efforts under previous asbestos laws.

The agency has about 30 staff members nationally assigned to the
effort, and officials in a dozen states have pledged to join in
enforcement activities. Epa officials said last week that they had no
plans to expand their enforcement staff.

According to the document, schools that did not meet the first
deadline--and schools that violate other parts of the law--could face
fines ranging from $40 to $5,000.

Schools that despite repeated requests fail to comply could face a
heavier financial penalty--a maximum fine of $5,000 per day. And
asbestos professionals whom schools have hired to comply with the law
could be fined up to $25,000 a day for serious violations, the
statement notes.

Because the federal law prohibits the agency from issuing fines for
most potential violations, the document says the epa will, for certain
infractions, notify a state's governor and turn to the courts to
prevent schools from carrying out possibly harmful activities. (See box
on this page.)

Schools that do not obey the law will virtually always receive a
"notice of noncompliance" from the agency, and will have at least 30
days to respond to the charges. Regional agency officials have also
been encouraged to send out press releases about violations, in the
hope that public pressure will force a school to comply.

The agency also plans to do "spot checks" on some schools, but has
not indicated how it will target its visits.

Epa officials said forcing schools that did nothing by the October
deadline to comply would be their top priority.

These schools will receive the noncompliance notification, and will
have 60 days to provide documentation showing that they have met the
first deadline's requirement for inspection and a management plan or
sought a deferral. Schools that do not respond to the letter will then
be fined.

But schools that submit management plans in response to the letter
will not be fined, the document states.

Daniel Helfgott, an environmental-protection specialist in the
agency's office of compliance monitoring, said schools that have a
history of late compliance will be subject to heavier fines for any
future infractions than schools that met the October deadline.

The first schools targeted for fines for a failure to respond to the
epa's letter, the policy statement says, will be those with large
enrollments or with previous violations of asbestos regulations.

When determining what fine to levy, federal officials will take into
account the probability of damage resulting from a particular violation
and the amount of asbestos affected by the violation, the document
notes. A violation that is likely to cause harm and involves more than
3,000 square feet of asbestos-containing material may elicit the
maximum fine.

Before assessing a fine, agency officials will also consider the
school's culpability, its history of violations, its ability to pay,
and its ability to continue or provide educational services, the
document says.

It is unlikely, however, that most penalized schools will ever write
out a check to the federal government.

According to the federal asbestos law, any money collected from a
school must be used by that school to comply with the law. Any portion
of the fine left unspent after compliance will be deposited in the U.S.
Treasury Department's Asbestos Trust Fund, which will be used for loans
and grants to other schools.

"We're not looking to balance the federal deficit with this
statute," said Mr. Helfgott.

The policy paper also says schools will not be held liable for the
illegal actions of asbestos consultants if they can document that they
made a reasonable effort to assure that the consultants complied with
the asbestos rule.

Although school employees who carry out asbestos-related activities
are also subject to the heavier fine schedule for consultants, the
policy document says that only those who "are responsible for an
egregious and/or knowing or willful violation" will be penalized.

Ground Rules for Posting
We encourage lively debate, but please be respectful of others. Profanity and personal attacks are prohibited. By commenting, you are agreeing to abide by our user agreement.
All comments are public.